Md. Code Regs. 17.04.07.13

Current through Register Vol. 51, No. 21, October 18, 2024

Section 17.04.07.13 - Peer Review Panels

A. A peer review panel may be selected in accordance with State Personnel and Pensions Article, § 11-112 or 12-301, Annotated Code of Maryland.

B. A principal unit may apply to the Secretary for approval to establish a peer review panel. The application shall state how panel members are to be selected, their terms on the panel, the procedures for appealing a disciplinary action or grievance to a panel, and the procedures and policies that will bind the panel in its decision making.

C. An individual who is a party to the issue to be considered by a peer review panel, was involved in the decision giving rise to the grievance, or otherwise had a conflict of interest, may not participate as a member of the panel convened to hear the employee's appeal.

D. A panel shall be bound by a regulation, declaratory ruling, prior adjudication, or other settled, preexisting policy to the same extent as the Office is, or would have been bound, if it were hearing the case.

E. Approval of a peer review panel is effective until the principal unit head amends its application or revokes authority for the panel. Revocation of the panel's authority may occur without the Secretary's approval. A unit may employ more than one type of panel if approval is received from the Secretary.

F. A unit shall notify its employees of the existence of an approved peer review panel and shall keep a copy of the application and approval in accordance with State Personnel and Pensions Article, § 5-101, Annotated Code of Maryland.

G. A decision issued by a peer review panel shall contain findings of fact and conclusions of law, meet the requirements of the Administrative Procedure Act, and be sent to the parties within 45 days after the close of the record. The decision of the peer review panel is the final administrative decision.

Md. Code Regs. 17.04.07.13

Regulations .13 adopted as an emergency provision effective February 12, 1997 (24:5 Md. R. 391); emergency status expired August 12, 1997; adopted permanently effective September 8, 1997 (24:18 Md. R. 1297)